CASE NO(S).: OLT-23-000667
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2023
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Airfield Developments Inc. and Airfield II Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two one storey industrial buildings
Reference Number: POPA 2021-0008
Property Address: 6034 Mayfield Road
Municipality: Town of Caledon
OLT Case No.: OLT-23-000667
OLT Lead Case No.: OLT-23-000667
OLT Case Name: Airfield Development Inc. & Airfield II Developments Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Airfield Developments Inc. and Airfield II Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two one storey industrial buildings
Reference Number: RZ 2021-0014
Property Address: 6034 Mayfield Road
Municipality: Town of Caledon
OLT Case No.: OLT-23-000668
OLT Lead Case No.: OLT-23-000667
Heard: September 26, 2023
APPEARANCES:
Parties
Counsel
Airfield Developments Inc. and Airfield II Developments Inc. (“Applicant/Appellant”) Town of Caledon (“Town”) Region of Peel (“Region”)
Zachary Fleisher David Bronskill (in absentia) Raj Kehar Max Rubin, in-house Counsel Rachel Godley Sean Ovas, Articling Student
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES AND D. CHIPMAN ON SEPTEMBER 26, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) before the Ontario Land Tribunal with respect to appeals filed by Airfield Developments Inc. and Airfield II Developments Inc. for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) pursuant to subsections 22(7) and subsection 34(11) of the Planning Act on the failure of the Town to make a decision within the statutory timeframes.
2The subject property (“Subject Property”) is located at 0 Airport Road and 6034 Mayfield Road, Town of Caledon.
3The Applicant is seeking permission to develop two one-storey industrial buildings on the property with a total gross floor area of 44,539 square metres having an overall density of 0.47 times the lot area. The Subject Property is 9.4 hectares (“ha”) in size and is currently vacant.
4The Tribunal entered the Affidavit of Service of Notice, sworn August 24, 2023, as Exhibit 1.
PARTY STATUS REQUEST
5The Tribunal received one Party Status request from the Region of Peel (‘Region”). Ms. Godley, who represented the Region, informed the Tribunal that there are concerns with access to and servicing of the Subject Property. Upon hearing no objections from the Parties, the Tribunal conferred Party Status to the Region.
PARTICIPANT STATUS REQUESTS
6The Tribunal received two Participant Status requests:
7Mr. Stephen Bernatt notified the Tribunal through his submission that he was unable to attend the CMC. Mr. Bernatt stated that his concerns are with respect to the Transportation Impact Study and Demand Management Plan as submitted by the Applicant, which fail to illustrate the existing site access and full traffic and turn movements across the street from the Subject Property where Bernatt Architect Ltd. is situated. Mr. Bernatt stated that he had previously submitted his concern to the Town by email on April 25, 2022.
8Upon hearing no objections from the Parties, the Tribunal conferred Participant Status to Stephen Bernatt.
9The second request for Participant Status was received from Mr. Peter Kulkarni, QuadReal Property Group, who was present at the CMC. In his written submission, he indicated that QuadReal Property Group owns property to the west of the Subject Property. He noted that QuadReal Property Group has an interest in the appeals given its close proximity to the Subject Property and a further interest in understanding the planning process that might apply to some of the properties QuadReal Property Groups owns. Upon hearing no objections from the Parties, the Tribunal conferred Participant Status to Mr. Peter Kulkarni.
10The Tribunal stated that both Participant Status requests are on file and are available to the Parties through the Case Coordinator.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
11Mr. Fleisher indicated that, as Mr. Kehar had not yet received instructions from the Town, and the Region having just been granted Party Status, a second CMC would be in order.
12There was consensus among the Parties that, once Mr. Kehar received instructions from Council, they would seek either the use of Tribunal-led or private mediation in hopes that many if not all outstanding concerns could be resolved. The Panel advised the Parties that they should contact the Case Coordinator for assistance, should they wish to avail themselves of Tribunal-led mediation.
13It was suggested that instead of a Video Hearing for the next CMC a telephone conference call (“TCC”) would allow the Parties to provide, inter alia, an update on mediation being sought, a collective discussion on the draft Procedural Order (“PO”) and an understanding of the number of days required by the Parties for a Hearing of the merits should mediation not be chosen as option to a resolution. It was further requested that the Parties come prepared, having had prior discussions on available timeframes for the purpose of scheduling a Hearing date. All Parties agreed with this approach.
14The Panel directed Mr. Fleisher to prepare and submit a draft PO and Issues list to the Case Coordinator on or before Wednesday, October 25, 2023, for the Tribunal’s review prior to the TCC.
15This matter will now proceed to a one-hour TCC, which is scheduled to take place on Friday, November 10, 2023, from 9:00 a.m. to 10 a.m.
16Individual(s) are directed to call 416-212-8012 or (Toll-Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
17THE TRIBUNAL ORDERS that:
a. a telephone conference call will commence Tuesday, November 10, 2023, at 9:00 a.m.;
b. Party Status is conferred to the Region of Peel;
c. Participant Status is conferred to both Stephen Bernatt and Peter Kulkarni.
18This Panel is not seized.
19No further notice will be provided.
“Jackie Denyes”
JACKIE DENYES
MEMBER
“D. Chipman”
D. CHIPMAN
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.